SZQPO v Minister for Immigration

The applicant, SZQPO, sought judicial review of a decision by the Minister for Immigration to refuse to grant a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution for a reason specified in the *Migration Act 1958* (Cth). The matter came before Judge Street of the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the delegate of the Minister had erred in failing to properly assess the applicant's claims of persecution, specifically in relation to the risk of harm from a particular group and the nexus between that risk and the protected grounds. The Court was required to determine if the delegate's adverse credibility findings were reasonably open on the evidence and if the delegate had adequately considered all relevant aspects of the applicant's claims.

Judge Street found that the delegate had made an error of law by failing to adequately consider the applicant's evidence regarding the specific nature and extent of the threat posed by the identified group. The Court held that the delegate's adverse credibility findings were not adequately substantiated by the reasons provided, and that the delegate had not properly engaged with the applicant's evidence concerning the nexus between the feared harm and the protected grounds. Consequently, the delegate's decision was found to be affected by jurisdictional error.

The Court ordered that the decision of the Minister be set aside and remitted to the Minister for reconsideration according to law.